Ancestor property and gift
A land and a house purchased by grand-grand father, after partition among 3 through Court, my grandpa got a part of land and a part of house. He has two sons. After expire of my mother (left 2 sons) and aunt (left one son and 3 daughter) my father and uncle re-married. By second wife my father has a son and a daughter and uncle has a daughter only. After re-marriage of my father they forget me and after 15 years they forget my elder brother too. we are living with my grandpa till then and my father is neglecting me and my brother. I am employed but my brother is not. Now my father and uncle have blamed me that my grandpa has transferred all the property to me and my brother but this is not true. And my father and uncle file a TPS against my Grandpa, myself and my brother. my father has made a house for his second wife and uncle too. They are pressing to my grandpa for partition. Now my grandpa think after partition, they will kicked us from house too. Hence my grandpa wants to gift 1/3rd of land to me and my brother.
you are requested to please let me know the legal aspects
Asked 6 months ago in Property Law from Patna, Bihar
1) once deed of partition has been executed your grand father would be absolute owner of part of the house . it would be his self acquired property
2) your father and uuncle have no share in property during grand father lifetime
3) grand father can execute gift deed to transfer one third of land to you and your brother . gift deed should be duly stamped and registered
4) in the alternative grand father can sell the land and give you propeortionate share
1. The proeprty of your grandpa after partition becomes his self acquired proeprty and hence he can give this to any one he chooses.
2. So he can goit his partitioned 1/3rd share in favour of you and your brother in which neither your father nor your uncle has any say.
3.If they torture a lot agaisnt your grandpa he can seek police protection agaisnt his sons which should be easily allowed.
4. So ask your grandpas to proceed with the gift deed as he has decided.
house is the self acquired property of your great grand father. after partition it is devolved upon your grand father. this is not a ancestral property till the life of your grand father. so he has full right to make Will or gift in respect of this house.
no one can claim partition of this house in the lifetime of your grand father. if your grandfather dies it will devolve upon his children and after devolution it will convert into ancestral property. when a property has been devolved upon the third generation it becomes an ancestral property. till then it is self acquired property.
Your grandfather who inherited the property that belonged to his father. through court partition shall become the absolute owner of the property in his possession now.
He can dispose it or transfer the same to anyone of his choice and by any mode of he desire.
Your father do not have any rights in this property because it cannot be considered as his ancestral property.
Therefore the proposed gift deed by your grandfather in your favor is fully and legally valid.